Sessio 13. July 9.
Anent the foresaid matter, the Assemblie, after grave reasonyng had, if it was expedient to proceed in this cause before the Lords of Session had giuen their decisione, thought meit that my Lord Justice Clark sould be demandit if he acknowledged the judgement and jurisdictione of the Kirk or not? Qwha being callit and inquyrit as said is, answered, that he acknowledgit with reverence the judgement of the Assemblie in all causes appertayning to them: But in this cause, qwhilk is civill, qwhereunto the Lords are primario Judices, before qwhom also it presently depends, they cannot be Judges primario.
After the qwhilk answers, being removit, and the Kirk farther advysit, calling his Lordship in againe, they pronuncit that they fand themselves Judges primario in this cause, and instantly to proceed therein—requyring him what farther he wald alleadge or propone for his defence in the said cause: wha took instruments of their interloquitor, protesting for remead of law; qwhilk protestatione, because it was made verbo, and contaynit many heads, he was desyrit to give into the Clerk in write.
Sessio 12. July 15.
Anent the act of the Lords of the Chekker, proceeding upon ane supplicatione made be the breither of the ministrie to them, daited at Halyrudehouse the tenth day of February 1591, declareing their meaning to be, that all ministers that hes vitiat any benefices of cure, in haill or in pairt, be purchasing unto themselves, thair airs, and assignays, lang tacks of the samen within the worth of the saids benefices, be compellit be the censures of the Kirk to restore them againe to thair awne integritie to thair ministers presently serving the cure; and to that effect requyres the Generall and Synodall Assemblies, Commissioners, and Presbytries of the bounds quhar the saidis benefices lyis, to take tryall of such persones, and to proceed against them as said is, in most strait forme, according as such a great anormitie in ministers craves, ay and qwhill they have redintigrat the benefices qwhilks hes been corrupt and vitiat be them as said is, but any farther process of law to follow thairupone; as the said act, subscrivit be my Lord Chancellor, Newbottle, Sir Robert Melvill, Parbroth, Blantyre, Carmichaell, Linclouden, Colluthie, and Mr Patrick Young, beirs: The Generall Assembly of the Kirk being advyseit therwith, allows and approves the said act and advyce of the said Chekker, and ordaynes the same to be put in execution in every Presbytrie, according to the tenor thereof.
Sessio 16. Eodem die.
The Assembly ordaynes universallie, that the acts of discipline conteint in the acts of Generall Assembly, be keepit, alsweill in Angus and Mearns as in other places.
Sessio 17. July 13.
Forsuameikle as it being deeply considerit be the Kirk, that many things have been done by them, and be uthers pretendand the name and title of the Kirk, greatly prejudiciall to themselves, their discipline, and also the patrimonie and living of the Kirk, and that be priviledge of good lawes, it is grantit and leisum to them to remead themselves be revocation thereof; Therefore the haill Assemblie, after grave and mature deliberatione, hes revockit, and be thir presents revocks, all and quhatsumevir thing done be them, or others cloathing them with the name and title of the Kirk, prejudiciall to themselves, their discipline, patrimonie, and living, as being enormlie hurt thereby, and protests according to the disposition of the said law, solemnit as they may be heard in tyme and place to seek remedie heirof; and for mair speciale expressing and mair particular declaratione thairof, hes willit their brethren, Mrs Robert Pont, David Lyndsay, Robert Bruce, and Andrew Melvill, to conceive in write the forme thairof; the copie qwhairof ilk Presbytrie is ordaint to receave, and to give command to the pastors within their bounds, to intimat the said revocatione made in this Assemblie from their pulpits.